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1IV7=:2-0;= =tCS `<11.tAORANDUM
TO. Howard V. Gary .:ATE: February 28, 1984 FILE.
City Manager
�UHJLC.i Tow Operations
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FROM • Cs, • ••EF LR Eto: ES
Assistant City Manager
L I J -'L.OS Urih5
This memorandum is developed following Commission inquiry as to
the method of selecting towing companies operating in downtown
- Miami to remove vehicles at City direction. Included with this
memorandum is a copy of the proposed towing agreement that has
been developed jointly by the City of Miami Police Department and
the City Attorney's office.
Essentially the City of Miami will advertise for potential tow
operators. All tow companies will be invited to qualify through
public notices and direct mailings to each company that is pre-
sently located within the City of Miami. Those towing companies
desirous of providing this service to the City will respond and
be qualified as outlined in the specifications. Once qualified
the tow company would then execute the contract with the City of
Miami to provide the service at the stipulated contract amount.
As noted by the map on page 32 the City is divided into six
zones. Tow .companies will be designated as eligible to tow on a
zone basis.
It is the intention of this evaluation process to uniformly
distribute the police initiated tows on a rotational basis. With
your approval I will begin the advertising process.
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84-320
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To, Jack H . C . Eads , Jr. DATE: FEB 1 19B4 FILE:
Assistant City Manager
SUBJECT: Resolutions:
Police Initiated Tows
FROM: REFERENCES:
Herbert Breslow
Chief of Police
ENCLOSURES:
Attached hereto is the final draft copy of the City of
Miami Police Initiated Towing Contract.
All corrections as per request by the City Attorney's
office have been made. I have returned a final typed
_ copy of same to the Law Department for their final
approval.
It is my understanding this item is to be finalized
prior to the City Commission Meeting of February 1984.
HB:tr
cc: Alejandro Vilarello, Esq., Law Department
Maria Pedrajo, External Affairs
Billy Riggs, Lieutenant of Police
84-320
,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To, Jack H . C . Eads , Jr. DATE: FEB 1 19B4 FILE:
Assistant City Manager
SUBJECT: Resolutions:
Police Initiated Tows
FROM: REFERENCES:
Herbert Breslow
Chief of Police
ENCLOSURES:
Attached hereto is the final draft copy of the City of
Miami Police Initiated Towing Contract.
All corrections as per request by the City Attorney's
office have been made. I have returned a final typed
_ copy of same to the Law Department for their final
approval.
It is my understanding this item is to be finalized
prior to the City Commission Meeting of February 1984.
HB:tr
cc: Alejandro Vilarello, Esq., Law Department
Maria Pedrajo, External Affairs
Billy Riggs, Lieutenant of Police
84-320
F
TOWING AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1984 by and between the City of Miami,
a municipal corporation of Dade County, Florida, hereinafter
referred to as the "CITY" and
hereinafter referred to as the "CONTRACTOR".
TOWING AGREEMENT
Towing Agreement between the City of Miami and Private Tow-
ing Agencies located within the City of Miami.
WHEREAS, the City of Miami is authorized by ordinance to
maintain a storage facility to house abandoned, lost, wrecked or
contraband property.
WHEREAS, it has been found that utilizing private towing agen-
cies within the City of Miami most effectively allows the discharge
of the police department's responsibility to seize and store these
vehicles.
11HERRAS , there are a number of private companies which might
profitably engage in assisting the Miami Police Department in tow-
ing these vehicles on a contractual as needed basis:
The following shall constitute the terms and conditions under
which the City of Miami will select towing companies to service
the City and also those terms and conditions under which the City
of Miami may evaluate the performance of and consider termination of
a towing company so selected, should significant material violations
of these terms and conditions occur.
SECTION I - QUALIFICATIONS OF BIDDERS:
All towing companies who submit applications for consideration
shall have the following mimimum qualifications or the application
will be rajected with written explanation.
1. The towing agency must be located in the City of
Miami.
2. Towing agencies' premises must be properly identi-
fied by signs on the exterior of the structure.
3. A reasonable state of cleanliness must be main-
_1_ 84M-320
tained, working areas, interior, and exterior
structures shall be kept free of debris and/or
articles inappropriate to or inconsistent with
the operation of towing service.
4. Towing agencies must have and maintain a separate
telephone number on a twenty-four (24) hour basis
for incoming police calls in addition to such
other telephones as are necessary for regular
business use. (NO ANSWERING SERVICE WILL BE AC-
CEPTED.)
5. Storage - At least one hundred (100) storage
spaces shall be immediately available. Rates
for storage are to be not more than City storage
rates.
6. The towing agency must own or possess for each
zone to be serviced, at least five (5) acceptable
class "A" tow trucks, one class "B" tow truck, and have
access to class "C" tow truck. All pieces shall be
commerically manufactured or pass certification
as equivalent thereto.
Five (5) - Class "A" Wreckers
One (1) - Class "B" Wrecker
One (1) - Class "C" Wrecker
7. "Tow Truck" and "Wrecker" are synonomous and here-
inafter called tow truck.
8. Tow Truck means any motor vehicle equipped
with booms, winches, or similar equipment design-
ed for recovery and towing of vehicles, trailers,
motor homes and other objects which cannot operate
under their own power and must be transported in
the tow and control of another vehicle.
Each piece of equipment shall have on it at all times,
the following accessories:
A. A rotor beam or strobe light mounted on
top so it can be seen when in use from
front, rear and both sides. This shall
reflect an amber light.
B. Amber lights on the front and amber re-
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Fca
t is
flectors on the front sides.
C. Red lights and reflectors on the rear
sides.
9. Each truck shall have standard fenders, hood, doors and
bumper, and be mechanically and structurally sound.
10. Each truck shall be lettered commercially with opera-
tor's business logo on both doors, in letters at least
3" high. Magnetic signs are prohibited.
11. WRECKERS DEFINED.
A. Class "A" Wrecker Defined:
(1) Manufacturers capacity of at least 10,000 lbs.,
GVW.
(2) Boom capacity of at least 4 tons.
(3) Power winch pulling capacity at least 4 tons.
(4) At least 100 feet of 3/8 inch cable or larger.
(5) Tow sling.
(6) Dual rear wheels.
(7) One motorcycle sling.
B. Class "B" Wrecker Defined:
(1) Manufacturer's capacity of not less than
15,000 GVW.
(2) Boom capacity of not less than 6 tons independ-
ently or jointly when multiple booms are used.
(3) Tow power winches pulling capacity of not less
than 4 tons each.
(4) At least 150 feet of steel core cable, 3/8 inch
or greater.
(5) Double boom so constructed as to permit split-
ting, single boom hydraulic elevated and ex-
tendable with 360 degree swivel on and off boom.
Each boom to operate independently or jointly.
(6) Tow sling and dual wheels.
(7) Two snatch blocks, 8 ton rating.
C. Class "C" Wrecker Defined:
(1) Manufacturer capacity of not less than 25,000
lbs. GVW.
(2) Boom capacity of not less than 12-� tons 84-320
-3-
independently or 25 tons jointly.
(3) Two power winches pulling capacity of not
less than 12-h tons each.
(4) At least 200 feet of cable, on each drum,
at least 9/16 inch.
(5) Double boom to permit splitting, single
boom hydraulic elevated and extendable with
360 degree of swivel on end of boom. Boom
to operate independently or jointly.
(6) Air brakes so constructed as to lock rear
wheels automatically upon failure.
(7) Tow bar; dual wheels or tandem axel.
(8) Two (2) snatch blocks, 12 ton rating, and
two (2) scotch blocks.
D. Car Carrier Defined: (optional equipment)
(1) Manufacturer's rated capacity of not less
than 10,000 GVW, or larger with 102 inch
C.A. dimension or larger.
(2) One (1) hydraulic winch of not less than 4
ton capacity.
(3) Fifty (50) feet of 3/8 inch cable.
(4) Eighteen (18) feet or longer hydraulicly
operated slide back and tilt bed.
(5) One (1) snatch block, 4 tons capacity.
12. ADDITIONAL MANDATORY EQUIPMENT ON ALL WRECKERS "A",
"B", "C", AND CAR CARRIER:
(1) Sand - 50 pounds white fine or medium.
(2) Heavy-duty push broom.
(3) Reflectors - state.
(4) Two (2) safety cones - day-glo orange, mimimum
2 feet high.
(5) Shovel - square, (long handle)
(6) Extra towing chain - 61, 8' with hooks - no
less than 10 ton capacity.
(7) Axe - 32" handle.
(8) Scotch blocks - air locks or wheel chocks.
(9) Fire extinguisher - minimum 5 pound - dry
chemical underwriter approved.
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(10) One (1) extension cord or sufficient length
for use in displaying a light to the rear of
a towed vehicle when.. such vehicle is without
the capability of providing its own lights.
(11) All clearance lamps, head lamps, tail lamps,
stop lamps, flags, flares and fuses necessary
to comply with the Florida State Statute.
(121 One (1) pry bar - 36" or longer.
(13) One (1) jet of tools for opening locker vehicles.
(14) A sufficient assortment of tools necessary to
change tires, drop drive shafts, pull trans-
mission pins or perform similar functions in
preparation of towing a vehicle.
(15) Business Cards.
These are to be the mimimum requirements and any bidder who
fails to meet the above requirements numbered 1 through 15 will
not be considered.
SECTION II - METHOD OF SELECTION
All applicants whose towing operation meet the mimimum qual-
ification standards shall be considered eligible to tow. The fol-
lowing procedure will be utilized to select the company who will serve
each zone.
1. An invitation to qualify will be made by public notice,
offering all towing companies an opportunity to submit an
application.
2. The police department will cause to be evaluated all
applications and notify all applicants who are qualified
under Section I of the contract. A notice will be sent
advising the qualified applicants that they have qualified.
Section III - PERFORMANCE STANDARDS
1. It is in the best interest of the City and the public
that certain performance standards be adhered to by
companies and when they are not, the City may move
to cause corrective action to be taken, and ultimately
the City retains the right to terminate this agreement
unilateraly if these standards are not constantly main-
tained by the company to the satisfaction of the City.
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4
a
The following specific performance procedures and
standards are required to be adhered to:
A. TOWING SERVICE PROCEDURES:
(1) The towing agency must maintain personnel to
operate towing equipment twenty-four (24)
hours a day, seven (7) days a week.
(2) Tow trucks must proceed to the scene immed-
iately after receiving the correct address from
the police dispatcher by telephone. Thirty
minutes is the maximum allowable response time.
(3) A towing agency that fails to respond promptly
to a call may be denied the privilege of render-
ing such towing services upon its arrival.
Such failure may also be deemed to be a demon-
strated unwillingness or inability to provide
the required standard of service.
(4) All personnel operating tow trucks shall be
qualified and experienced in handling equipment
safely on the scene, and in going to and from
the scene. Each employee shall apply for a
City of Miami Y.D. card. The City of Miami is
to be notified of all personnel changes immediately.
(5) Tow truck operators will comply with all
existing state, county and city regulations, and
Metropolitan Dade County at all times.
(6) Tow trucks will not use rotating beacons in
proceeding to a call unless authorized by the
police dispatcher.
(7) Rotating beacons shall be used at the scene,
and when towing vehicles from the scene only
if towed vehicle represents a hazardous con-
dition.
(8) Towing agencies shall not remove accident -
involved vehicles prior to the arrival or a
police unit, and only then with the permis-
sion of the assigned police unit.
(9) Tow truck operators will be responsible for
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84-320
removing glass and/or other debris from the
street as a result of a traffic accident.
This debris will be placed in a suitable con-
tainer and will, in no case, be left at the
curb -side. Tow truck operators will be dir-
ected in this task by the police unit assigned
the call.
(10) Towing agencies shall assume all responsibility
for damage done to a vehicle towed, or to
be towed, during the towing and while vehicles
are stored at their place of business.
Insurance is required as set forth in Section IV,
paragraph 10, E hereof.
(11) Towing agencies will not begin repairs to any
towed vehicle without the express consent of
the owner of the vehicle or his agent.
(12) Copies of vouchers from each company towing
will be submitted on a weekly basis.
(13) Towing agencies, towing files, shall be accurate
current, and available for inspection by the City.
SECTION IV - GENERAL OPERATIONAL INFORMATION
The following general operational information shall be part of
the agreement and failure to comply with the following may con-
stitute basis for suspension or termination:
1. REQUEST FOR TOW SERVICE:
All police requests for tow service and removal of traf-
fic hazards shall be made through the complaint center of the
Miami Police Department Communication Bureau. The City of Miami
reserves the right to cancel a service request to a towing agency
at any time up to and including time of hookup. The towing agency
agrees that the mere response to a call without other action does
not constitute a compensable service.
In the event hookup has taken place and it is necessary
to drop vehicle prior to commencing a tow, a charge of one-half
the regular rate may be made. In the event an owner could drive
his or her automobile away, and the only service needed is to pull
bumper or fender which, if this was done, the automobile could be
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84-32G
driveable, a charge of � regular fee shall be charged.
2. COMPLAINTS AGAINST TOWING AGENCIES:
In case a complaint by a member of the public is filed on
any towing firm, the company will be notified and a written reply
will be forwarded to the Section Commander of the Accident Inves-
tigation Unit by towing firm. The complaint will be evaluated by
appropriate traffic personnel to determine if the complaint should
be the basis of suspension or termination. Files will be kept on
towing firms complaints.
3. COMPLAINTS BY TOWING AGENCIES:
Any complaints by towing agencies concerning City of Miami
employees shall be forwarded to the Traffic Section C.O. Each such
complaint will be forwarded through proper channels for investiga-
tion and a written reply will be made to the towing agency.
4. DELAYS:
The towing firm agrees to respond without delay to re-
quests for towing service made through the City of Miami Communi-
cations Center. In the event of delay, the City of Miami Police
Department retains the right to cancel such a request for service
and use another towing agency.
In the event the towing agency is not on the scene within
thirty (30) minutes, another towing agency will be called to render
service. An arrival time of 30 minutes or longer shall be consi-
dered prima facie evidence of unreasonable delay. It shall be
the duty of the towing agency, should it have a doubt at ability
to arrive without delay, to notify the City of Miami dispatcher.
Two (2) or more delays in a72 hour period without notifying the
dispatcher shall be grounds for cancelling such towing agency's
qualification.
5. INSPECTION OF EQUIPMENT:
Inspection of equipment will be made by members of the
City of Miami Police Department. These inspections shall be made
immediately.
Towing firms shall have all equipment on all trucks at
all times while engaging in towing service for the City of Miami.
6. APPEARANCE AND CONDITION OF TOWING EQUIPMENT:
A. Trucks are to be neat, clean, and give an
overall acceptable appearance.
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84-320
S. Trucks to be free of body damage which would in-
terfere with tasks to be performed or distract
substantially from overall appearance.
{ C. Truck or service vehicles, regardless of age,
can be used as long as vehicle meets the re-
s quirements of the City of Miami in appearance
and mechanical condition.
D. Names, business addresses and telephone numbers
shall be painted on tow trucks not less than 3"
in height and " in width.
Stick on, or magnetic signs are prohibited, as are
any references to police emergency or wording
denoting a similar connotation.
7. EMPLOYEES:
The personnel of every qualified towing agency (in-
cluding principals, agents and employees) are re-
quired to be fingerprinted and photographed, and
shall receive identification cards to be issued by
- the City of Miami. Such identification cards must
be renewed annually. The City will make a nominal
charge for each card issued. Each towing agency
shall supply to the City a list of its personnel
who are required to obtain identification cards as
above provided, prior to being eligible to be called
on for towing service. Notification of any change in
such personnel shall be furnished to the City within
72 hours of such change. Each towing agency shall
have in its files a Division of Motor Vehicle report
on each driver it uses.
B. INDEMNIFICATION: I
The towing agency agrees to indemnify and save harm-
less the City of Miami and its officials, agents, and
employees from and against all claims and demands
whatsoever rising out of or in connection with the
performance of towing services by the towing agency or
any agent or employee thereof. In connection with any
legal proceeding which may be maintained against the
City and/or its agents or employees, arising out of or
_ q _ 84-+320
in connection with such towing service, the towing firm
shall be liable for the reasonable cost of defe.ding -
��M
the same, including but not limited to reasonable at-
torney's fees, court costs and incidental litigation _
expenses.
9. NON-DISCRIMINATION IN EMPLOYMENT:
In connection with the conduct of its business, in-
cluding rendition of services, employment of personnel
and the like, the towing agency shall not discriminate
against any person on the basis of race, color, creed,
age, sex or national origin. All persons having appro-
priate qualifications shall be afforded equal opportunity
for and conditions of employment.
10. INSURANCE:
The towing agency, in its own name, shall secure and
pay the premiums for all such policies of insurance as
listed below:
A. Workmen's compensation and employer's liability
insurance as required by statute.
B. Public liability insurance in amounts of not less
than $250,000 per person, and $500,000 per accident
for bodily injury, and $100,000 per accident for
property damage; also, Products or Completed
operations coverage, garage keepers legal liabil-
ity which will insure the towed vehicle (and its
contents) from physical loss and damage during the
towing and while vehicles are stored at their place
of business.
C. Automobile Liability Insurance convering all owned,
non owned, and hired vehicles in amounts as indi-
cated in sub -paragraph B above.
D. The towing agency shall furnish the certificate of
insurance to the City of Miami, subject to appro-
val of the City Clerk, upon request, and thereafter,
ten (10) days prior to the expiration dates of the
policies.
Further, no material change or cancellation of the
_10- 84-32C
insurance shall be effective without thirty (30)
days prior written notice to the City of Miami.
Within thirty (30) days from the date of furnish-
ing the certificates of insurance, the towing
agency shall deliver copies of the insurance pol-
icy to the City Clerk. The City of Miami shall be
a named insured on the policies enumerated in sub-
paragraphs 2 and 3 above.
11. ZONING:
All towing agencies' storage areas must confirm with
the City of Miami zoning requirments existing now and
in the future. _
12. LICENSE:
All towing agencies must have a current license to per-
form "auto towing" services as requried by the City of
Miami and keep said license current at all times.
13. CAPITAL EXPENDITURES:
The towing agency understands that any capital expendi-
tures the agency makes or prepares to make in order to
perform the service required by the City of Miami is a
business risk which the agency must assume. The City
of Miami will not be obligated to reimburse amortized
or uanmortized captial expenditures or to maintain the
approved status of any towing agency. If the agency
has been unable to recoup its capital expenditures
during the time it is rendering such services, it
shall not have any claim upon the City of Miami.
14. NON -ASSIGNMENT:
Any rights acquired by the towing agency pursuant to
application according to this proposal shall be per-
sonal to such agency and shall not be subject to as-
signment, transfer to encumbrance of any kind, with-
out the consent of the City of Miami. Zhe City shall
not unreasonably hold such if the proposed assignee
is qualified as set forth above.
15. WAIVER:
No waiver of any provision hereof shall be deemed to
have been made unless such waiver be in writing signed
-11- 84-320
by the City. The failure of the City of Miami to
insist upon the strict performance of any of the
provisions or conditions of this Contract, shall
not be construed as waiving or relinquishing in
the future any such covenants or conditions but the
same shall continue and remain in full force and effect.
16. EXCEPTIONAL TOWING SERVICE:
If required for proper processing of investigation
purposes, the towing company agrees to move the ve-
hicle to a designated area for processing prior to
impounding, at no additional charge.
In such instances, the Police Department will not
authorize release of the towed vehicle until pro-
visions are made for -payment of the original towing
charge to the contractor.
17. SPECIAL EVENTS TOWING:
All towing companies will be required to provide at
least one Class "A" wrecker for special events when
requested by the Traffic Section of the Police De-
partment. The towing rate allowed will be the same
as a regular Class "A" tow.
Any wrecker may be required to move vehicles from a
location within the City of Miami Auto Pound to an-
other location within the pound at the direction of
a City of Miami employee.
18. MAXIMUM RATES:
The following list is the applicable rate structure
for all towing services. These rates are the maximum
allowable but are subject to change at the discretion
of the City Manager.
A. Class "A"
(first five miles) . . . . . . . . . . $ 25.00
Each additional mile or fraction . . . . . 1.00
Charge for Dolly . . . . . . . . . . . . . 15.00
Charge for unlocking door . . . . . . . . . N.C.
Dropping and hooking up linkage . . . . . . 5.00
B. Class "B" tow (first five miles). . . . . . 40.00
Each additional mile or fraction. . . . . . 1.50
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C. Class "C" tow (first five miles). . . . .
. . 70.00
Each additional mile or fraction. . . . .
. . 2.00
Charge for extra truck when required.
20.00
Salt or fresh water recovery (truck or
commodity . . . . . . . . . . . . . .
. . 55.00
over 3/4 ton. . . . . . . .
55.00
Salt or fresh water recovery
(passenger cars, small. . . . . . . .
. . 35.00
(trucks, etc . . . . . . . . . . . . .
. . 35.00
Salvage divers first hour . . . . . . . .
. . 25.00
Salvage divers each additional
fifteen minutes . . . . . . . . . . .
. . 5.00
Special events class "A" tow. . . . . . .
. . 25.00
Special events class "B" tow . . . . . .
. . 40.00
Special situations (multiple clearings) .
. . 15.00
(Class "A" tow per hours)
D. BASIC AUXILIARY CHARGES:
Dolly . . . . . . . . . . . . . . . . . .
. . 15.00
Removing and Replacing gear
Linkage . . . . . . . . . . . . . . .
. . 5 . '00
Lifting and lowering vehicle
(no towing) . . . . . . . . . . . . .
. . 12.50
Winching
$5.00 per 15 minute
Form 38
upon completion . . . . . . . . . . .
. . 10.00
Changing tire . . . . . . . . . . . . . .
. . 8.00
Waiting time after first 30 minutes
at hourly rate per class figured
at 15 minute intervals
E. All above charges will remain as stated except when
exceptional circumstances warrant change
which will
be determined by Traffic Section Commander.
Any auxiliary services; e.g., use of dolly, drop-
ping and hooking up linkage, are to be performed
only if required and after authorization
by the
officer on the scene and so indicated in
writing
on the vehicle storage receipt.
F. POUND:
All aforementioned rates will be applicable for
tows to the City Pound and other destinations.
G. APPLICABLE RATE STRUCTURE:
The applicable tow rate structure (Class "A",
84-320
-13-
Class "B", or Class "C") shall depend upon the
requirements of the impounded vehicle, rather
than the actual. tow truck used; e.g., if a Class
"B" wrecker is used to tow a Sedan, the Class "A"
rate structure shall be the basis for charges im-
posed. The class of wrecker to be dispatched
will be the responsibility of the officer on the
scene and/or the complaint sergeant or his repre-
sentative.
H. BILLING:
The towing agency agrees to itemize fully all
bills on standard forms acceptable to the Chief
of Police or his designee, to number all bills in
correspondence with the applicable Miami Police
Department tow sheet number, and to submit copies
of all bills to the City of Miami Police Department
on a weekly basis.
All extra charges shall be spelled out as to what
charges, such as mileage, labor, dollies, time
spent waiting, working company shall not charge
mileage on vehicle towed to pound from within
the City limits of Miami.
In bringing vehicles to pound each company shall
note arrival time and departure time on their
tow slips.
SECTION V - ETHICS AND CONDUCT:
The towing agency agrees to conduct business in an
orderly, ethical and business -like manner, and use
every means to obtain and keep the confidence of the
motoring public.
(1) Personnel shall conduct themselves in a
courteous and sober manner so as not to
bring any undue criticism to the City
of Miami.
(2) The owner of a towing agency will be responsible
for insuring that all of his operational
personnel will be of previous and continuing
84-320
-14-
good moral character.
(3) All tow truck operators will have a current
Florida chauffeur's license.
(4) Giving gratuities to any employee of the
City of Miami is prohibited and any vio-
lation hereof by a towing agency will
constitute grounds for the summary
and immediate revocation of its approval
at the discretion of the City Manager.
(5) Owner of stored vehicles or their representatives
shall be allowed to view their vehicle or remove
any items not attached to the vehicle during
normal business hours. Any other requests
shall be left to the discretion of the towing
agency.
SECTION VI - SUSPENSION OR TERMINATION PROCEDURES:
(1) Any towing agency may be suspended for any violation which, in
the sole discretion of the Chief of Police, or his designee,
shall be cause for such suspension, as follows:
A. First violation . . . . . . . . . . . . . 7 days
B. Second violation . . . . . . . . . . . . .14 days
(2) Should a third violation occur upon recommendation of the
Chief of Police, or his said designee, the City Manager may
terminate the qualification of a towing agency.
(3) From any termination action, such towing agency shall have
the right to appeal to a Board of Inquiry, to be appointed
by said Chief of Police.
(4) By accepting a zone, a towing company agrees to the reasonable-
ness of the suspension and termination procedures and that
the same are necessary to enable the Miami Police Department
to fulfill its duties of safety and control of the City's
highways.
SECTION VII - TERMINATION
The occurrence of any of the following events shall consti-
tute cause to withdraw the towing qualification by the City of Miami.
(1) Adjudication as bankrupt.
(2) The filing of insolvency, reorganization or bankruptcy
84-320
-15 -
petition (voluntary or involuntary).
(3) Abandonment of the premises or discontinuance of operations.
(4) The making of a general assignment for the benefit of creditor
(5) Making any charge at rates greater than those established
by the City of Miami.
(6) The City Manager shall have the right for good cause shown
based upon the conditions and terms enumerated in Sections
II, III, IV, and V, for what he may deem to be the best
interests of the City to cancel or terminate any approval
of a towing agency theretofore granted. In the event of
such cancellation, prompt notice shall be furnished to the
towing agency.
(7) Proper papers necessary for the release of the vehicle
constitute, proper identification (photo I.D. would be
preferred, registration or title for the vehicle and a
validated copy of the property receipt showing all charges
have been paid.
SECTION VIII - COLLECTION AND PAYMENT:
As service is being provided to the public by the City of Miami,
all collections of payment for service shall be made by the City.
Payments to towing agencies operating under this agreement shall be
made by the City upon receipt of itemized bills for services rendered.
No payment shall be made directly by a citizen to a private towing
agency operating under this agreement. No vehicle stored by any
agency under this agreement shall be released without proper proof
of payment from the City.
SECTION IX - AMENDMENTS
The City may, at its discretion, amend the Agreement to con-
form with changes in applicable City, County, State and Federal
laws, directives, guidelines and objectives. 110 amendments to
this Agreement shall be binding on either party unless in writing
and signed by both parties. Such amendments shall be incorpor-
ated as a part of this Agreement upon review, approval and exec-
ution by the parties hereto.
SECTION X - AUDIT RI'",H TS
The City reserves the right to audit the records of the
consultant at anv time during the performance of this Agreement
r
84-320
-tti-
petition (voluntary or involuntary).
(3) Abandonment of the premises or discontinuance of operations.
(4) The making of a general assignment for the benefit of creditors.
(5) Making any charge at rates greater than those established
by the City of Miami.
(6) The City Manager shall have the right for good cause shown
based upon the conditions and terms enumerated in Sections
II, III, IV, and V, for what he may deem to be the best
interests of the City to cancel or terminate any approval
of a towing agency theretofore granted. In the event of
such cancellation, prompt notice shall be furnished to the
towing agency.
(7) Proper papers necessary for the release of the vehicle
constitute, proper identification (photo I.D. would be
preferred, registration or title for the vehicle and a
validated copy of the property receipt showing all charges
have been paid.
SECTION VIII - COLLECTION AND PAYMENT:
As service is being provided to the public by the City of Miami,
all collections of payment for service shall be made by the City.
Payments to towing agencies operating under this agreement shall be
made by the City upon receipt of itemized bills for services rendered.
No payment shall be made directly by a citizen to a private towing
agency operating under this agreement. No vehicle stored by any
agency under this agreement shall be released without proper proof
of payment from the City.
SECTION IX - AMENDMENTS
The City may, at its discretion, amend the Agreement to con-
form with changes in applicable City, County, State and Federal
laws, directives, guidelines and objectives. No amendments to
this Agreement shall be binding on either party unless in writing
and signed by both parties. Such amendments shall be incorpor-
ated as a hart of this Agreement upon review, approval and exec-
ution by the parties hereto.
SECTION X - AUDIT RI^H`.^S
The City reserves the right to audit the records of the
consultant at any time during the performance of this Agreement
84-320
and for a period of one year after final payment is made under
this Agreement.
SECTION XI - AWARD OF AGREEMENT:
The consultants warrant that they have not employed
or retained any company or persons to solicit or secure this
Agreement and that they have not offered to pay, paid, or
agreed to pay any person or company any fee, commission,
percentage, brokerage fee, or gifts of any kind contingent
upon or resulting from the award of making this Agreement.
The consultants are aware of the conflict of
interest laws of the City of Miami (Miami City Code Chapter
2, Article V), Dade County, Florida (Dade County Code,
Section 2-11.1) and the Florida Statutes, and agree that
they will fully comply in all respects with the terms of
said laws.
SECTION XI I - COMPLIANCE 11ITI1 FEDERAL, STATE A14D LOCAL LA;9S :
Both parties shall comply with all applicable laws, ordi
nances and codes of Federal, State and Local Governments. Specif-
ically, the consultant agrees to comply with Title VI of the Civil
Rights Act of 1964; Title VIII of the Civil Rights Act of 1968;
Executive Order 11063; Executive Order 11264; Section 3 of the
Housing and Urban Development Act of. 1968, as amended.
SECTT0t1 XTTT - r0,J'T.TCT OP TTTTr.TZr.PT-
The consultant covenants that no person under its
employ who presently exercises any functions or responsibili-
ties in connection with this Agreement has any personal
financial interests, direct or indirect, in this Agreement.
The consultant further covenants that, in the performance of
this Agreement, no person having such conflicting interest
shall he employed. Any such interests on the part of the
consultant or its employees, must be disclosed in writing to
the Citv. The consultant, in the per.fornance of this Agreement,
shall he subject to the more restrictive law and/or guidelines
regarding conflict of interest prorlulgated by federal, state
or local government.
SECTION XIV - COUSTRUCTTOM nF hr.PT.T-!4V.?1M-
the parties hereto agree that this Agreement shall be
-1 84--320
construed and enforced according to the lawn, statutes and
case laws of the State of Florida.
QVr MTnM %"T - TMt,VnVMr%'VtST nn*rmnrmm�n.
That the consultants and its employees and agents
shall be deemed to be an independent contractor, and not an
agent or employee of the City, and shall not attain any
rights or benefits under the Civil Service or. Pension Ordinance
of the City, or any rights generally afforded classified or
unclassified employees; further he/she shall not be deemed
entitled to Florida Worker's Compensation benefits as an
employee of the City.
84-320
IN WITNESS WHEREOF, the parties hereto have
caused these presents to be executed by the respective
officials thereunto duly authorized, this the day and year
first above written.
Witnesses:
ATTEST:
CONSULTANT
By:
(SEAL)
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
By:
City Manager
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA PEDROSA
CITY ATTORNEY
84-320,
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• SPEWA..—mo-kj S Lo S
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I Gf"N ERAC ;
THE INSTRUCTIONS TO BIDDERS, PROPOSAL, QUALIFICATION
FORMS AND GENERAL SPECIFICATIONS ARE A PART OF THIS CON-
TRACT AND ARE FURTHER SUPPLEMENTED BY THE SPECIAL PP,O-
VISIONS CONTAINED HEREIN'. IF THERE ARE ANY INCONSISTEM--
{
C1ES.BETWEEN THE SPECIAL PROVISIONS AND -THE ABOVE MENTION-
ED ITEMS, THE SPECIAL PROVISIONS SHALL GOVERN,
2.1�IION OF WQRb`L i
LIGHT DUTY ZONES ...... THE ZONES COVERED IN THIS CONTRACT
ARE AS DEFINED BELOW AND PER THE ATTACHED t'}AP OF SAMIE :
NORTH: CITY L I 14I TS
EAST: TO BI SCAYNE BAY, INCLUDING HEST
END OF BRIDGE ON 79 STREET CAUSE-
, ,
• WAY, PRIOR TO NORTH BAY VILLAGE
CITY LIMITS.
SOUTH: TO N.E. 46 STREET AND t:.W. 46
STREET, BUT NOT INCLUDED
WEST: CITY LIMITS
- ZONE II NORTH: TO N.E. 46 STREET At,D N.IJ. yo
STREET INCLUDING 46 STREET.
EAST: TO BISCAYNE BAY
i
SOUTH: TO SQUTHS I DE OF N . E . 20 STRC. AND
N.W. 20 STREET; BUT NOT INCLUDED.
WEST: CITY LIMITS, INCLUDING t�.►ti'• 36
STREET STRIP TO RA) LI:Of.D TRACKS.
i
Z0J'lE III NORTH: TO N.E. 20 STREET AND t,.«. 20 STP.Ec7
84--32C� .
EAST:
SOUTH:
:,'ES T :
NORTH:
EAST:
SOUTH:
.
WEST:
I NCLUDI.iaG 20--sTR6ET,
TO BISCAYNE BAY, INCLUDING BISCAYNE
J SUE AND SAN 1ARCO I SLE
MIAMI RIVER
MIAMI RIVER TO THE POINT. «HcRE 27
AVENUE AND N.W. 20 STREET MEE'1.
TO N.W. 20 STREET, WEST OF 27 AVENUE
SOUTH SIDE OF MIAMI RIVER TO N.W. 17
AVENUE, BUT NOT INCLUDED.
FLAGLER STREET WEST OF 37 AVENUE S,W,
H STREET TO AND INCLUDING S.W. 39
AVENUE.
CITY LIMITS, INCLUDIN'G TAMIAMI CANAL
ROAD
7Qi►c V
NORTH:
MIAMI RIVER,
EAST:
TO BISCAYNE BAY., --INCLUDING
R.I CKENBACKER
CAUSEWAY TO P1I DDLE OF SECOND
ER I DGE,
AND VIRGINIA KEY
SOUTH:
TO BISCAYNE BAY,
INCLUDING
CLAUGHTON
ISLE
I�
WEST:
TO N.W. AND S . ti•1.
1.7 AVENUE
INCLUDING
f
S W, AND N'' ,11. 17
AVEr,-'UE .
_ 70NIE Vi
NORTH:
FLAGLE:R STREET EAST
OF 37 AVENUE
f
EAST:
TO S,14. I7 AVENNUE
BUT NOT
INCLUDED
SOUTH:
TO BISCAYNE BAY,
INCLUDING
FA I.R ISLE
TO NORTH PROSPECT
DRIVE.
s
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WEST:
CITY LIMITS
84-3zo.
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